Texas 2019 - 86th Regular

Texas House Bill HB2671 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2671
	1	+	By: Calanni (Senate Sponsor - Kolkhorst) H.B. No. 2671
	2	+	(In the Senate - Received from the House May 8, 2019;
	3	+	May 13, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 17, 2019, reported favorably by
	5	+	the following vote: Yeas 7, Nays 0; May 17, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the creation of the Harris County Municipal Utility
6	12		District No. 569; granting a limited power of eminent domain;
7	13		providing authority to issue bonds; providing authority to impose
8	14		assessments, fees, and taxes.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	16		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	17		Code, is amended by adding Chapter 8057 to read as follows:
12	18		CHAPTER 8057. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 569
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 8057.0101. DEFINITIONS. In this chapter:
15	21		(1) "Board" means the district's board of directors.
16	22		(2) "Commission" means the Texas Commission on
17	23		Environmental Quality.
18	24		(3) "Director" means a board member.
19	25		(4) "District" means the Harris County Municipal
20	26		Utility District No. 569.
21	27		Sec. 8057.0102. NATURE OF DISTRICT. The district is a
22	28		municipal utility district created under Section 59, Article XVI,
23	29		Texas Constitution.
24	30		Sec. 8057.0103. CONFIRMATION AND DIRECTOR ELECTION
25	31		REQUIRED. The temporary directors shall hold an election to
26	32		confirm the creation of the district and to elect five permanent
27	33		directors as provided by Section 49.102, Water Code.
28	34		Sec. 8057.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	35		temporary directors may not hold an election under Section
30	36		8057.0103 until each municipality in whose corporate limits or
31	37		extraterritorial jurisdiction the district is located has
32	38		consented by ordinance or resolution to the creation of the
33	39		district and to the inclusion of land in the district.
34	40		Sec. 8057.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	41		(a) The district is created to serve a public purpose and benefit.
36	42		(b) The district is created to accomplish the purposes of:
37	43		(1) a municipal utility district as provided by
38	44		general law and Section 59, Article XVI, Texas Constitution; and
39	45		(2) Section 52, Article III, Texas Constitution, that
40	46		relate to the construction, acquisition, improvement, operation,
41	47		or maintenance of macadamized, graveled, or paved roads, or
42	48		improvements, including storm drainage, in aid of those roads.
43	49		Sec. 8057.0106. INITIAL DISTRICT TERRITORY. (a) The
44	50		district is initially composed of the territory described by
45	51		Section 2 of the Act enacting this chapter.
46	52		(b) The boundaries and field notes contained in Section 2 of
47	53		the Act enacting this chapter form a closure. A mistake made in the
48	54		field notes or in copying the field notes in the legislative process
49	55		does not affect the district's:
50	56		(1) organization, existence, or validity;
51	57		(2) right to issue any type of bond for the purposes
52	58		for which the district is created or to pay the principal of and
53	59		interest on a bond;
54	60		(3) right to impose a tax; or
55	61		(4) legality or operation.
56	62		SUBCHAPTER B. BOARD OF DIRECTORS
57	63		Sec. 8057.0201. GOVERNING BODY; TERMS. (a) The district is
58	64		governed by a board of five elected directors.
59	65		(b) Except as provided by Section 8057.0202, directors
60	66		serve staggered four-year terms.
61	67		Sec. 8057.0202. TEMPORARY DIRECTORS. (a) On or after the
62	68		effective date of the Act enacting this chapter, the owner or owners
63	69		of a majority of the assessed value of the real property in the
64	70		district may submit a petition to the commission requesting that
65	71		the commission appoint as temporary directors the five persons
66	72		named in the petition. The commission shall appoint as temporary
67	73		directors the five persons named in the petition.
68	74		(b) Temporary directors serve until the earlier of:
69	75		(1) the date permanent directors are elected under
70	76		Section 8057.0103; or
71	77		(2) the fourth anniversary of the effective date of
72	78		the Act enacting this chapter.
73	79		(c) If permanent directors have not been elected under
74	80		Section 8057.0103 and the terms of the temporary directors have
75	81		expired, successor temporary directors shall be appointed or
76	82		reappointed as provided by Subsection (d) to serve terms that
77	83		expire on the earlier of:
78	84		(1) the date permanent directors are elected under
79	85		Section 8057.0103; or
80	86		(2) the fourth anniversary of the date of the
81	87		appointment or reappointment.
82	88		(d) If Subsection (c) applies, the owner or owners of a
83	89		majority of the assessed value of the real property in the district
84	90		may submit a petition to the commission requesting that the
85	91		commission appoint as successor temporary directors the five
86	92		persons named in the petition. The commission shall appoint as
87	93		successor temporary directors the five persons named in the
88	94		petition.
89	95		SUBCHAPTER C. POWERS AND DUTIES
90	96		Sec. 8057.0301. GENERAL POWERS AND DUTIES. The district
91	97		has the powers and duties necessary to accomplish the purposes for
92	98		which the district is created.
93	99		Sec. 8057.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94	100		DUTIES. The district has the powers and duties provided by the
95	101		general law of this state, including Chapters 49 and 54, Water Code,
96	102		applicable to municipal utility districts created under Section 59,
97	103		Article XVI, Texas Constitution.
98	104		Sec. 8057.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
99	105		52, Article III, Texas Constitution, the district may design,
100	106		acquire, construct, finance, issue bonds for, improve, operate,
101	107		maintain, and convey to this state, a county, or a municipality for
102	108		operation and maintenance macadamized, graveled, or paved roads, or
103	109		improvements, including storm drainage, in aid of those roads.
104	110		Sec. 8057.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	111		road project must meet all applicable construction standards,
106	112		zoning and subdivision requirements, and regulations of each
107	113		municipality in whose corporate limits or extraterritorial
108	114		jurisdiction the road project is located.
109	115		(b) If a road project is not located in the corporate limits
110	116		or extraterritorial jurisdiction of a municipality, the road
111	117		project must meet all applicable construction standards,
112	118		subdivision requirements, and regulations of each county in which
113	119		the road project is located.
114	120		(c) If the state will maintain and operate the road, the
115	121		Texas Transportation Commission must approve the plans and
116	122		specifications of the road project.
117	123		Sec. 8057.0305. COMPLIANCE WITH MUNICIPAL CONSENT
118	124		ORDINANCE OR RESOLUTION. The district shall comply with all
119	125		applicable requirements of any ordinance or resolution that is
120	126		adopted under Section 54.016 or 54.0165, Water Code, and that
121	127		consents to the creation of the district or to the inclusion of land
122	128		in the district.
123	129		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
124	130		Sec. 8057.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
125	131		The district may issue, without an election, bonds and other
126	132		obligations secured by:
127	133		(1) revenue other than ad valorem taxes; or
128	134		(2) contract payments described by Section 8057.0403.
129	135		(b) The district must hold an election in the manner
130	136		provided by Chapters 49 and 54, Water Code, to obtain voter approval
131	137		before the district may impose an ad valorem tax or issue bonds
132	138		payable from ad valorem taxes.
133	139		(c) The district may not issue bonds payable from ad valorem
134	140		taxes to finance a road project unless the issuance is approved by a
135	141		vote of a two-thirds majority of the district voters voting at an
136	142		election held for that purpose.
137	143		Sec. 8057.0402. OPERATION AND MAINTENANCE TAX. (a) If
138	144		authorized at an election held under Section 8057.0401, the
139	145		district may impose an operation and maintenance tax on taxable
140	146		property in the district in accordance with Section 49.107, Water
141	147		Code.
142	148		(b) The board shall determine the tax rate. The rate may not
143	149		exceed the rate approved at the election.
144	150		Sec. 8057.0403. CONTRACT TAXES. (a) In accordance with
145	151		Section 49.108, Water Code, the district may impose a tax other than
146	152		an operation and maintenance tax and use the revenue derived from
147	153		the tax to make payments under a contract after the provisions of
148	154		the contract have been approved by a majority of the district voters
149	155		voting at an election held for that purpose.
150	156		(b) A contract approved by the district voters may contain a
151	157		provision stating that the contract may be modified or amended by
152	158		the board without further voter approval.
153	159		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
154	160		Sec. 8057.0501. AUTHORITY TO ISSUE BONDS AND OTHER
155	161		OBLIGATIONS. The district may issue bonds or other obligations
156	162		payable wholly or partly from ad valorem taxes, impact fees,
157	163		revenue, contract payments, grants, or other district money, or any
158	164		combination of those sources, to pay for any authorized district
159	165		purpose.
160	166		Sec. 8057.0502. TAXES FOR BONDS. At the time the district
161	167		issues bonds payable wholly or partly from ad valorem taxes, the
162	168		board shall provide for the annual imposition of a continuing
163	169		direct ad valorem tax, without limit as to rate or amount, while all
164	170		or part of the bonds are outstanding as required and in the manner
165	171		provided by Sections 54.601 and 54.602, Water Code.
166	172		Sec. 8057.0503. BONDS FOR ROAD PROJECTS. At the time of
167	173		issuance, the total principal amount of bonds or other obligations
168	174		issued or incurred to finance road projects and payable from ad
169	175		valorem taxes may not exceed one-fourth of the assessed value of the
170	176		real property in the district.
171	177		SECTION 2. The Harris County Municipal Utility District
172	178		No. 569 initially includes all the territory contained in the
173	179		following area:
174	180		A metes & bounds description of a 568.86 acre tract of land in
175	181		the H. & T. C. Railroad Company Survey Section 129, Abstract 1715,
176	182		and the W. I. Williamson Survey, Abstract 1591, Harris County,
177	183		Texas, being comprised of a portion of that certain called
178	184		1,263.584 acre tract recorded under County Clerk's File Number
179	185		M959038, Official Public Records of Real Property, Harris County,
180	186		Texas, and a portion of that certain called 0.673 acre tract
181	187		recorded under County Clerk's File Number M959039, Official Public
182	188		Records of Real Property, Harris County, Texas, with all bearings
183	189		based upon the Texas Coordinate System of 1983, South Central Zone,
184	190		based upon GPS observations.
185	191		Beginning at the southeast corner of said H. & T. C. Railroad
186	192		Company Survey Section 129, Abstract 1715, same being the southwest
187	193		corner of the adjoining George Spencer Survey, Abstract 1366, the
188	194		northwest corner of the adjoining H. & T. C. Railroad Company Survey
189	195		Section 79, Abstract 464, and the northeast corner of the adjoining
190	196		J. W. McCutcheon Survey Abstract 1713, as located in the
191	197		intersection of Pitts Road and Stockdick School Road for the
192	198		southeast corner of said called 1,263.584 acre tract, and the
193	199		southeast corner and Point of Beginning of the herein described
194	200		tract;
195	201		Thence South 87 degrees 58 minutes 25 seconds West along the
196	202		south line of the herein described tract, the south line of said
197	203		called 1,263.584 acre tract, and the south line of said H. & T. C.
198	204		Railroad Company Survey Section 129, Abstract 1715, same being the
199	205		north line of said adjoining J. W. McCutcheon Survey, Abstract
200	206		1713, and the north line of the adjoining residue of a called
201	207		1,277.0358 acre tract recorded in Volume 313, Page 416, Deed
202	208		Records, Waller County, Texas, 1,915.78 feet to the intersection of
203	209		said line with the Harris-Waller County line;
204	210		Thence North 18 degrees 54 minutes 19 seconds West along the
205	211		Harris-Waller County line, 8,291.16 feet to the intersection of
206	212		said line with the north line of the aforementioned W. I. Williamson
207	213		Survey, Abstract 1591, said point being in the north line of the
208	214		aforementioned called 0.673 acre tract, and being in the south line
209	215		of the adjoining W. C. Pitts Survey, Abstract 1421, and the south
210	216		line of an adjoining called 57.3029 acre tract recorded under
211	217		County Clerk's File Number T720175, Official Public Records of Real
212	218		Property, Harris County, Texas;
213	219		Thence North 88 degrees 01 minute 17 seconds East along the
214	220		north line of the herein described tract, the north line of said
215	221		called 0.673 acre tract, and the north line of said W. I. Williamson
216	222		Survey, Abstract 1591, same being the south line of said adjoining
217	223		W. C. Pitts Survey, Abstract 1421, the south line of said adjoining
218	224		called 57.3029 acre tract, the south line of an adjoining called
219	225		28.67 acre tract recorded under County Clerk's File Number
220	226		20090481511, Official Public Records of Real Property, Harris
221	227		County, Texas, the south line of an adjoining called 28.651 acre
222	228		tract recorded under County Clerk's File Number V351108, Official
223	229		Public Records of Real Property, Harris County, Texas, the south
224	230		line of an adjoining called 10.00 acre tract recorded under County
225	231		Clerk's File Number 20150355035, Official Public Records of Real
226	232		Property, Harris County, Texas, the south line of an adjoining
227	233		called 30.00 acre tract recorded under County Clerk's File Number
228	234		20080536265, Official Public Records of Real Property, Harris
229	235		County, Texas, and the south line of an adjoining called 11.370 acre
230	236		tract recorded under County Clerk's File Number 20090481511,
231	237		Official Public Records of Real Property, Harris County, Texas,
232	238		4,330.03 feet to the northeast corner of the herein described tract
233	239		and said W. I. Williamson Survey, Abstract 1591, same being the
234	240		southeast corner of said adjoining W. C. Pitts Survey, Abstract
235	241		1421, and being in the west line of the adjoining H. & T. C. Railroad
236	242		Company Survey Section 77, Abstract 463;
237	243		Thence South 02 degrees 03 minutes 19 seconds East along the
238	244		east line of the herein described tract and said W. I. Williamson
239	245		Survey, Abstract 1591, same being the west line of said adjoining H. &
240	246		T. C. Railroad Company Survey Section 77, Abstract 463, as located
241	247		in Pitts Road, 2,633.29 feet to an angle point, said point being the
242	248		southeast corner of said W. I. Williamson Survey, Abstract 1591,
243	249		the southwest corner of said adjoining H. & T. C. Railroad Company
244	250		Survey Section 77, Abstract 463, the northwest corner of the
245	251		aforementioned adjoining George Spencer Survey, Abstract 1366, and
246	252		the northeast corner of the aforementioned H. & T. C. Railroad
247	253		Company Survey Section 129, Abstract 1715, as located in the
248	254		intersection of Pitts Road and Beckendorff Road;
249	255		Thence South 01 degree 54 minutes 10 seconds East along the
250	256		east line of the herein described tract and said H. & T. C. Railroad
251	257		Company Survey Section 129, Abstract 1715, same being the west line
252	258		of said adjoining George Spencer Survey, Abstract 1366, as located
253	259		in Pitts Road, 2,651.18 feet to an angle point;
254	260		Thence South 01 degree 58 minutes 19 seconds East continuing
255	261		along said line, 2,645.90 feet to the Point of Beginning and
256	262		containing 568.86 acres of land, more or less.
257	263		SECTION 3. (a) The legal notice of the intention to
258	264		introduce this Act, setting forth the general substance of this
259	265		Act, has been published as provided by law, and the notice and a
260	266		copy of this Act have been furnished to all persons, agencies,
261	267		officials, or entities to which they are required to be furnished
262	268		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
263	269		Government Code.
264	270		(b) The governor, one of the required recipients, has
265	271		submitted the notice and Act to the Texas Commission on
266	272		Environmental Quality.
267	273		(c) The Texas Commission on Environmental Quality has filed
268	274		its recommendations relating to this Act with the governor, the
269	275		lieutenant governor, and the speaker of the house of
270	276		representatives within the required time.
271	277		(d) All requirements of the constitution and laws of this
272	278		state and the rules and procedures of the legislature with respect
273	279		to the notice, introduction, and passage of this Act are fulfilled
274	280		and accomplished.
275	281		SECTION 4. (a) If this Act does not receive a two-thirds
276	282		vote of all the members elected to each house, Subchapter C, Chapter
277	283		8057, Special District Local Laws Code, as added by Section 1 of
278	284		this Act, is amended by adding Section 8057.0306 to read as follows:
279	285		Sec. 8057.0306. NO EMINENT DOMAIN POWER. The district may
280	286		not exercise the power of eminent domain.
281	287		(b) This section is not intended to be an expression of a
282	288		legislative interpretation of the requirements of Section 17(c),
283	289		Article I, Texas Constitution.
284	290		SECTION 5. This Act takes effect immediately if it receives
285	291		a vote of two-thirds of all the members elected to each house, as
286	292		provided by Section 39, Article III, Texas Constitution. If this
287	293		Act does not receive the vote necessary for immediate effect, this
288	294		Act takes effect September 1, 2019.
289		-	______________________________ ______________________________
290		-	President of the Senate Speaker of the House
291		-	I certify that H.B. No. 2671 was passed by the House on May 7,
292		-	2019, by the following vote: Yeas 127, Nays 19, 2 present, not
293		-	voting.
294		-	______________________________
295		-	Chief Clerk of the House
296		-	I certify that H.B. No. 2671 was passed by the Senate on May
297		-	22, 2019, by the following vote: Yeas 30, Nays 1.
298		-	______________________________
299		-	Secretary of the Senate
300		-	APPROVED: _____________________
301		-	Date
302		-	_____________________
303		-	Governor
	295	+	* * * * *